Digi - Legal Insights
CRIMINAL LAW
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Where criminal
proceedings were found to be false, frivolous, and initiated with ulterior
motive to deprive applicant of retirement benefits, issuance of process quashed
under Section 482 CrPC.
CRIMINAL LAW
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Proceedings under IPC,
Arms Act, and Maharashtra Police Act quashed in view of amicable settlement
between husband and wife seeking reunion.
CRIMINAL LAW
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Proceedings under
Sections 498A, 504, 506, 323, 294 IPC quashed in view of amicable settlement
and mutual consent for divorce.
CRIMINAL LAW
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Consensual relationship
turning sour does not constitute false promise to marry; proceedings under
Sections 376, 376(2)(n), 377, 504 and 506 IPC quashed.
CRIMINAL LAW
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Proceeding under
Section 306 IPC quashed where denial of marriage without active instigation or
provocation does not amount to abetment of suicide.
CRIMINAL LAW
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FIR quashed where allegations under Sections 498A,
506, and 34 IPC were vague and lacked specific instigation details; legal
prerequisites not satisfied.
CRIMINAL LAW
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Charge-sheet under
Section 306 IPC quashed where there was no positive act, instigation, or mens
rea to constitute abetment of suicide.
CRIMINAL LAW
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Charge-sheet quashed
where no evidence showed common object among accused, and delayed witness
statements raised doubt about identity of persons involved.
EDUCATION
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Admissions of all Petitioners stand cancelled and results of examination taken by Petitioners under ad-interim orders shall not be declared for 45 days, to extent of these Petitioners only.
SERVICE LAW
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Petitioner cannot claim absolute office access due to his reliance on administration and public office work, despite multiple declarations of "Personanon-grata".
SERVICE LAW
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Boards order directing employer to pay wages of 12 workers along with levies and interest was deemed an exercise of powers not conferred by statute thus, it is directed to consider whether workers can be provided work elsewhere.
SERVICE LAW
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Minor infraction of quorum rules does not disqualify an elected representative, even if quorum was insufficient.
SERVICE LAW
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Petitioners were daily wagers under employment of Respondent Corporation hence, their services cannot be regularized.
ARBITRATION
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Advocate of High Court is appointed as Sole Arbitrator to adjudicate upon disputes and differences between parties arising out of and in connection with Agreement.
SERVICE LAW
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Petitioners husbands excess payment was never investigated or recovered during his lifetime and Respondents failed to provide evidence that recovery can be made from his legal heirs after his death.
SERVICE LAW
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Retired government employee is not entitled to receive gratuity until payment of penal rent.
SERVICE LAW
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Stand of Respondents that Petitioners illness affects the establishments efficiency and they should terminate his services, however, such a stand of Respondents cannot be countenanced as same is in teeth of provisions of Section 20 (1)(4) of Act.
ARBITRATION
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Disputes involved in Suit cannot be referred to Arbitration on account of disputes relating to redemption of mortgage being incapable of resolving through arbitration on account of absence of arbitration clause.
SERVICE LAW
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Article 30 of Constitution grants the State the right to appoint teachers, subject to eligibility conditions, but this right cannot be diluted by State insisting on appointment by Board of Directors.
SERVICE LAW
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Retired government employee is not entitled to receive gratuity until payment of penal rent.